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LAW OF THE REPUBLIC OF BELARUS

of May 5, 1998 No. 140-Z

About bases of transport activities

(as amended on 17-07-2020)

Accepted by the House of Representatives on April 9, 1998

Approved by Council of the Republic on April 17, 1998

This Law is directed to determination of legal, economic and organizational basis of transport activities and the principles of its implementation, establishment of basic rights and obligations of subjects of transport activities.

Chapter 1. General provisions

Article 1. The main terms applied in this Law and their determinations

For the purposes of this Law the following main terms and their determinations are applied:

safety of transport activities - condition of transport activities in case of which the minimum probability of emergence of danger to life, health and property of citizens of the Republic of Belarus, foreign citizens and stateless persons is provided (further - physical persons), property of legal entities of the Republic of Belarus, foreign and international legal entities (the organizations, not being legal entities) (further - legal entities), the Republic of Belarus, its administrative and territorial units, foreign states, and also for the environment;

objects of transport activities - vehicles and communications, traffic control systems, constructions and other property used for implementation of transport activities;

subjects of transport activities are consumers of transport works and services (legal entities and physical persons, including individual entrepreneurs, the Republic of Belarus on behalf of authorized state bodies and the organizations, its administrative and territorial units, foreign states using transport works and services) and producers of transport works and services (legal entities and individual entrepreneurs, the Republic of Belarus on behalf of authorized state bodies and the organizations, its administrative and territorial units, foreign states performing transport activities);

transport activities - set of organizational and technological transactions on cargo transfer, passengers and baggage road, air, railway, sea, inland water, urban electric transport, the subway and other transport, and also forwarding activities, other transport works and services which are carried out (rendered) on contractual basis or other legal causes connected with transportation.

Article 2. Legal regulation of the relations in the field of transport activities

The relations in the field of transport activities are governed by the legislation in the field of transport activities, international treaties of the Republic of Belarus, and also the international legal acts constituting the right of the Eurasian Economic Union.

The legislation in the field of transport activities is based on the Constitution of the Republic of Belarus and consists of the Civil code of the Republic of Belarus, this Law and other acts of the legislation.

If the international treaty of the Republic of Belarus establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Article 3.

It is excluded

Article 4. Basic principles of implementation of transport activities

Implementation of transport activities is based on the principles:

equalities of subjects of transport activities;

combinations of interests of the state to interests of subjects of transport activities and their cross liability;

safety of transport activities.

Article 5. Responsibility for violation of the legislation in the field of transport activities

Violation of the law in the field of transport activities attracts the responsibility established by acts of the legislation and also in the cases determined by acts of the legislation - the agreement of the parties.

Article 6. Property right to objects of transport activities

Objects of transport activities can be in property of the Republic of Belarus, its administrative and territorial units, legal entities and physical persons, including individual entrepreneurs, and also in property of foreign states.

The objects of transport activities which are in property of the state for accomplishment of the obligations provided by the agreement on public-private partnership can be transferred to the private partner to ownership, use, including to free use. At the same time the term "private partner" is used in the value determined by Item 1 of article 1 of the Law of the Republic of Belarus of December 30, 2015 No. 345-Z "About public-private partnership".

The list of the objects of transport activities which are only in property of the state can be determined by the law.

Article 7. Basic rights and obligations of producers of transport works and services

Producers of transport works and services have the right:

own and use the vehicles, other objects of transport activities belonging to them on the property right or other legal causes;

receive the payment for the performed transport works and the rendered transport services established by the agreement of the parties, except as specified when the payment for transport works and services is determined based on the rates approved according to the procedure, established by acts of the legislation;

refuse accomplishment of transport works and rendering transport services in case of violation by the consumer of transport works and services of essential contract clauses and in other cases provided by acts of the legislation or the agreement;

require according to the procedure and the sizes established by acts of the legislation or the agreement, indemnification.

Producers of transport works and services shall:

in the cases provided by acts of the legislation, international treaties of the Republic of Belarus, technical regulations of the Customs union, and also the technical regulations of the Eurasian Economic Union and other international legal acts constituting the right of the Eurasian Economic Union to have special permissions (licenses) and documents on assessment of conformity to technical requirements of objects of transport activities, the performed transport works and the rendered transport services;

perform carriages of goods, passengers and baggage, forwarding activities and other transport works and services connected with transportation according to acts of the legislation;

comply with conditions of the agreements signed with consumers of transport works and services;

comply with conditions of fair competition;

provide information on the performed transport works and the rendered transport services and conditions of their accomplishment (rendering), including information on rates for transport works and services, to provide to consumers liberty of choice of these works and services;

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